E-Bikes and Liability: Who’s Responsible When a Crash Involves a Motorized Bicycle?
The increasing prevalence of e-bikes, and their unique dangers, has caused a dramatic increase in the number of injuries from accidents involving these vehicles. The number of people who received hospital treatment in e-bike accidents has increased nearly sevenfold from 2017 to 2022. The Lakewood bicycle accident lawyers at The Frickey Law Firm can help determine the cause of your action and initiate a claim or lawsuit on your behalf.
Schedule a free initial consultation with an experienced bicycle accident attorney at The Frickey Law Firm. We will take the time to listen to you and learn more about your facts and situation before we give you customized legal advice.
E-Bikes Present Dangers on Multiple Fronts
E-bikes present their own challenges when it comes to determining liability. When it comes to non-mechanized bicycles, there is often an assumption that the driver involved in the crash would be the one to blame for the accident. There are far more things that can go wrong when an e-bike is involved and many more potential iterations of an accident. Remember that while, and e-bike looks like a standard bicycle, there are many more factors that could come into play in an accident involving them. The one constant is that you need the help of a bicycle accident lawyer to help determine who you may be able to sue when you have been injured.
There are three possible iterations of an e-bike accident that could injure the rider or a pedestrian:
- The e-bike is struck by a driver
- The e-bike strikes and injures a pedestrian
- The e-bike is rider because their bicycle itself malfunctioned
Accordingly, there are different liability scenarios for each type of e-bike accident. What happened could determine who was to blame, and who you may be able to sue for your injuries.
E-Bike and Car Accidents
If you have been injured in an accident with a car while you were on an e-bike, chances are that you would seek compensation from the driver of the vehicle involved in the accident. It Is by no means a given that the driver would automatically be to blame for what happened. you would need to show that the motorist did something that would be considered unreasonable under the circumstances. You may also need to deal with allegations from the insurance company that you either contributed to the accident or were at fault for it yourself.
E-Bike and Pedestrian Accidents
When an e-bike has been involved in an accident with a pedestrian, the usual sequence is that the injured pedestrian would seek compensation from the rider who may have struck them. More rare are instances in which an e-bike rider would blame The Pedestrian for the accident because the Walker cut in front of them. Again, liability depends on the e-bike rider’s actions and whether they were negligent. Examples of negligence could include speeding and the failure to yield the right of way when required by law.
Single-Bike Accidents
Since there is an electrical element involved, an e-bike is far more likely to malfunction than one that functions without any type of power. There is a chance that an injured e-bike rider may be able to file a lawsuit against one or more parties in a single bike accident. For example, they may sue the manufacturer of the e-bike in a product liability lawsuit. This case would seek to prove that there was a defect in the bike that resulted in the accident. In addition, since many e-bikes are rented, you may seek to sue the company that owns the e-bike for their failure to maintain it before they made it available to you.
Given the potential difficulty in determining the responsible party and the presence of possibly more than one defendant, you would need the help of an experienced Colorado bicycle accident attorney. You can expect the responsible party to attempt to shift the blame, and possibly even onto you. An experienced bicycle accident lawyer can get to the bottom of what happened and work to put you in a position where you may be able to recover financial compensation for your injuries.
Contact a Lakewood Bicycle Accident Law Firm Today
If you were injured in an e-bike accident in Lakewood, The Frickey Law Firm is ready to stand up for your rights. Our experienced Lakewood bicycle accident attorneys know how to navigate complex liability issues and fight for the compensation you deserve. Whether you were hit by a car or hurt due to unsafe road conditions, we’re here to help. Call us today at 303-237-7373 for a free consultation and get the trusted legal support you need.
Attorney Janet Frickey wants to do the right thing. An impassioned litigator and client advocate for more than 40 years, Ms. Frickey is the owner and managing attorney of The Frickey Law Firm who focuses in workers’ compensation and personal injury. Learn more here.